Terms & Conditions

Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods listed on www.buraqmart.com.my (“Website”). By visiting our Website, you agree that you have read and understood these Terms and Conditions and that you accept and agree to be bound by them.

 

We reserve the right to modify or update our Terms and Conditions at any time without prior notice. It is your responsibility to check for any changes in our Terms and Conditions.

 

By accessing the Website and placing your order (s) with us, you are deemed to accept the terms and conditions herein (on behalf of yourself or the entity that you represent). In this regard, you represent and warrant that you have the right, authority, and capacity to enter into this transaction (on behalf of yourself or the entity that you represent)

 

A breach or violation by you of any of our Terms and Conditions will result in the immediate termination of the provision of services to you without further reference to you.


1 Introduction


1.1     BURAQOIL DEVELOPMENT SDN BHD (Registration No: 201001017266 (900969-U)) (“BURAQMART”) is a limited liability company incorporated and existing under the laws of Malaysia, with its business address at C-9-5, Level    9, Unit 5, Block C, Megan Avenue II, 12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur, (“the Company”), the owner and operator of www.buraqmart.com.my.

 

1.2    The Company is engaged in the business of e-commerce with its trade name “Buraqmart” and provides delivery of the Goods to your doorstep on www.buraqmart.com.my.

 

1.3    Buraqmart provides a Platform to enable the Customer to place the order of Goods available via this Website.

 

THE PARTIES HEREBY AGREE AS FOLLOWS:

 

2.       Account

 

2.1     The Customer has to log in with their personal Facebook to track the purchase of the Goods.

 

User information

 

2.2    When using our Website, you agree to provide us with the correct required information and warrant that:

 

a)      the provided information is correct and complete and shall inform us immediately of any changes of the provided information;

 

b)      the credit or debit card details that you provide are correct and that you have sufficient funds to make the payment.


2.3     In the event that:

(i) payment methods that we deem suspicious;

(ii) multiple instances of payment failure; or

(iii) any of the information given are incomplete,

invalid, false, or wrongful, we reserve the right to:

                       a)      Cancel any of your current or future Order;

                       b)      Immediately terminate your access without further reference to you;

                       c)       Immediately cease all further communication with you.


Non Liability

 

2.4    We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure through our platform provider (AVANA). We shall not be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or place an order from the Website.

 

2.5    We shall not be held liable to you for any losses (monetary or otherwise), liabilities, costs, damages, charges, or expenses arising out of the actions or consequences stated in Clause 2.3.

 

3.       Order

 

Acceptance and Formation of Contract

 

3.1    There will be no contract of any kind between you and Buraqmart unless and until we actually dispatch the Goods to you. Your order is an offer to buy from us. Nothing said or done by us will be considered any acceptance of that offer until your order has been dispatched to you. Only once the goods are dispatched, a contract will be made between Buraqmart and you, and you will be charged accordingly for the Goods provided. For the avoidance of doubt, by placing an order with Buraqmart, you hereby agree and acknowledge that you are entering a contract with Buraqmart only and to liaise with Buraqmart directly on the order, delivery service, and/or refund.

 

4.       Prices and Payment

 

Guide Price

 

4.1    All prices set by Buraqmart listed on the Website are guide prices only and are only approximate. We reserve the right to change these prices at any time. Prices are inclusive of the relevant taxes imposed by the Malaysian government (if applicable), delivery charges, and our service fees. We also reserve the right to alter the Goods available for sale on the Website.

 

Total Bill

 

4.2    The Total Bill including delivery charges and other taxes will be displayed on the Website when you complete your Order at your check-out cart. We shall not supply the Goods to you until we have accepted your order. Acceptance of your order by Buraqmart shall take place when you received our confirmation of order stating that we are accepting your order.

 

Mode of Payment

 

4.3    For all orders made from us, you can pay via online payment transfer or with a  valid credit or debit card through AVAPay. Full payment must be made for all Goods dispatched.

 

4.4     Price and shipping rates may be subject to change without prior notice however these changes will not be reflected for CONFIRMED (paid) orders. For any issues regarding your payments, please feel free to reach out to our customer care consultant.  

           

Electronic Receipt

 

4.5    We do not provide physical receipts for your Order. A digital order confirmation (invoice) and payment receipt (after payment made) will be emailed to you upon completion of your Order.

 

5.       Delivery

           

Method of delivery:

 

a)      Self-pick up: 10.00 a.m to 5.30 p.m;

 

b)      Home delivery (Prai, Pulau Pinang area only, for 10 km radius) – will be delivered on the next day delivery:

 

·     10.00 AM – 5.30 PM (Monday to Friday)

·     10.00 AM - 1.30 PM (Saturday)

·     Closed (Sunday)

 

c)       Courier delivery:

 

·     West Malaysia: first 2 kg RM8.00, every 1 kg RM1.00, when total weight exceeds 5 kg RM 2.00 per kg;

 

·     East Malaysia: For every 0.5 kg RM14.00, every 0.25 kg RM3.00,  when the total weight exceeds 5 kg RM20.00 per kg;

 

 

Dry items:   Delivery services all over Malaysia including Sabah and Sarawak.

 

Dry Items & Frozen Items: Delivery services for Prai, Pulau Pinang area only, for 10km radius.

 

Under normal circumstances, your orders will be delivered within 3 to 5 working days except for home delivery you will receive your orders on the next day (except Sunday and Public Holidays).

 

In the event of a delay beyond the above standard of delivery time, our team will contact and inform you accordingly. Order received on weekend will be processed on Monday.

 

6.       Cancellation

 

6.1    You cannot change the confirmed order unless the product is not available. We will refund the monetary value for the unavailable product.

 

6.2    We reserve the right to cancel your order should any of this required information be found to be incomplete and/or invalid and/or for any reason at any time. This is done at our sole discretion and reasons need not be assigned. You fully agree and understand that your remedy as to a Customer in the event of any cancellation is the refund of the amount paid by you in respect of such canceled transaction.

 

7.       Incomplete Order

 

7.1    For the incomplete order, you can immediately notify us so we can assist you promptly. You may reach us via WhatsApp at +……………………..

           Kindly provide the following information:

 

           1)      Order Number

           2)      Brief description of the problem faced

           3)       Photo(s) of the affected item (if relevant)

           

8.       Items

 

           1)      Food;

 

           2)       Beverages;

 

           3)      Personal and home care;

 

           4)      Lubricants and Automotive;

 

           5)      Pet and others.        

 

 

 

 

9.       Return And Refund policy

 

Exchange

 

9.1    You have seven (7) days to return your items to us for exchange. To exchange your items, we require a receipt or proof of purchase before we can proceed with the exchange.

 

9.2    To process your exchange, please e-mail, WhatsApp, or fill in the complaint form of your exchange items together with your receipt back to us.  

 

Refund

 

9.3    You have seven (7) days to refund your items.

 

9.4    To process your refund, please e-mail, WhatsApp, or fill in the complaint form of your return items together with your receipt back to us.  

 

9.5    Once your return is received and inspected, we will send you an e-mail to notify you that we have received your return items. We will also notify you of the approval or rejection of your refund. If your items is approved, your refund will be processed within fourteen (14) days.

 

9.6    items returned to us in a non-sellable condition will not be refunded and may be sent back to you. Kindly be informed that we do not refund the return cost of shipping for the items.

 

10.    Personal Data

 

10.1  Where we have requested information (such as your name, telephone number, address, email address, and other information as required) from you for payment of your order and to ensure delivery of Goods, you agree to provide accurate and complete information.

 

10.2  You authorize us to collect, use, store or otherwise process your personal information for the purpose stated in Clause 10.1, verifying your credit or debit card, investigate complaints and suspected suspicious transactions, and improve service usage and for marketing and credit control purposes (the “Purpose”).

 

The Purpose may include the disclosure of your personal information to receive offers and promotions from us or selected third parties or our affiliates from time to time where we believe that the services offered by us or such third parties may be of interest to you or where this is required by law or in order to provide the Delivery of Goods to you.


11. Complaints

 

11.1  We take our customers’ complaints very seriously and aim at responding to your complaints as soon as possible. All complaints should be addressed to our email: [email protected].

 

12.    Limitation of Liability

 

Website

 

12.1  We endeavor to ensure that the information on this Website is correct and error-free at all times. Despite our best efforts, we do not warrant that the Website will always be error-free and that the use of the Website will be fit for purpose, timely and that defects will be corrected, and that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

 

12.2  We do not accept any liability for any delays, failures, errors or omissions, or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

 

12.3  We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible with the assistance of our system provider (AVANA). However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

 

Goods

 

12.4  By accepting these Terms and Conditions, you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website.

 

12.5  We disclaim any and all liability to you for Goods to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods.

 

12.6  We shall not be liable for any indirect and consequential loss, damage, or expense, including any direct or indirect loss such as loss of profits or income to you or third party, damage to the property, howsoever arising out of the use of the Website or any Goods purchased from us. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

 

Force Majeure

 

12.7  We shall not be held liable for any failure or delay in delivering Goods where such failure arises as a result of any act or omission, which is beyond our control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, fire, thunderstorm, lightning flood, earthquake, typhoon, strike, flood, or another natural disaster, the impossibility of the use of railways, motor transport or public or private transport, the impossibility of the use of public or private telecommunications network, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties (collectively “Event of Force Majeure”).

 

12.8  If we have contracted to provide identical or similar orders to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

 

No Warranties

 

12.9  Buraqmart excludes all implied warranties, terms, and conditions to the extent that is legally permitted. We shall not be liable for any loss of money, goodwill, reputation, indirect or consequential loss arising out of your use of our Website.

 

12.10 All Goods description, and material posted on the Website is provided to you    “as is” without warranty or conditions of any kind, express or implied or otherwise howsoever arising. Buraqmart assumes no responsibility for any error, inaccuracies, or omissions whatsoever in the information on the Website, and under no circumstances will the Company be liable for any loss or damage by your reliance on the information obtained through the Website. It shall be your own responsibility to evaluate the accuracy, completeness, and usefulness of any information and the use of the Website is solely at your own risk.

 

12.11 Goods image as seen on the Website may slightly differ from the actual   Goods that you receive. Buraqmart shall not be liable to you for any loss, damage, injury, or expense, howsoever arising, out of, or in connection with the use of the Products.

 

 

Indemnity

 

12.12 You agree to indemnify and hold Buraqmart, (and its directors, officers, and employees) harmless including cost and legal fees, from any claim or demand made by any third party due to or arising out of your use of the Website.  

 

13.    General

 

Currency

 

13.1   All prices are in Malaysian Ringgit (MYR); Applicable taxes are included where indicated.

 

Assignment

 

13.2   We may subcontract any part or parts of the Goods that we provide to you from time to time and we may assign or change any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

 

Alteration of Terms

 

13.3  We may alter or vary the Terms and Conditions at any time without notice to you.

 

 

Entire Agreement

 

13.4  The Terms and Conditions together with any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

 

Severability

 

13.5  If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

 

Governing Law

 

13.6  These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia.

 

Waiver

 

13.7  No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

 

Language

 

13.8 All dealings, correspondence, and contacts between us shall be made or conducted in the English language. If the event a conflict between the English version and the Malay version of the contents appears on the Website, the   English version shall prevail.

 

Unreasonable Behaviour

 

13.9  We strive to ensure that all Buraqmart teams (“Team”) are treated with dignity and respect. If we have a reasonable belief that you are involved in behaviors or actions towards our Team that we deem unacceptable (including but not limited to rude, abusive, or aggressive manners of communication and threats to their physical state, property, or reputation), we reserve the right to immediately cancel all of your current and future orders, terminate all communication with you and prohibit you from our services.

 

13.10 If we receive from you continuous and/or multiple requests that we deem unreasonable (i.e. requests for extension of promotion periods or demands for refunds without provision of proof), we reserve the right to not entertain your demand and request.